Matter of Dutchess County Legislature v Steinhaus
Motion No: 2008-04498
Slip Opinion No: 2008 NYSlipOp 76296(U)
Decided on June 27, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72422

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2008-04498

In the Matter of Dutchess County Legislature,

et al., respondents, v William Steinhaus, etc.,

appellant.

(Index No. 08-2094)

DECISION & ORDER ON MOTION

Motion by the respondents to vacate any automatic stay which is, in effect, pursuant to CPLR 5519(a)(1) on an appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated April 29, 2008, or to expedite the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the automatic stay is denied; and it is further,

ORDERED that the branch of the motion which is to expedite the appeal is granted and the respondents shall serve and file their brief on or before July 29, 2008, and the appellant shall serve and file his reply brief, if any, on or before August 13, 2008.

RITTER, J.P., MILLER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court